How to write the background section of the patent application?

How to write the field of invention

The first paragraph of the Background is a statement mentioning the field of invention. Here is an example statement for our tripod example:

“The various aspects discussed herein relate to a tripod.”

Yes, it should be that short and simple.

How to write the problem statement

The second paragraph is a statement or paragraph addressing the problems within the field of the invention. The tricky part here is that you are not supposed to let the reader know the exact problem that your invention is solving. If you do, the court and examiner might argue that the invention is obvious given the known problem. You need to be more generic.

Here is an example of a problem statement for our tripod example:

“Tripods are used to support a camera. However, there are problems with existing tripods.” 

Once again, you should be straightforward and simple.

How to write the “need in the art” statement

The third paragraph is a statement indicating a need in the art for your invention. Once again, you need to be straightforward and simple. 

Here is an example of a “need in the art” statement for our tripod example:

“Accordingly, there is a need in the art for an improved tripod.”

Putting it all together

Here is what a Background should look like:

The various aspects discussed herein relate to a tripod.

Tripods are used to support a camera. However, there are problems with existing tripods.

Accordingly, there is a need in the art for an improved tripod.

Short and simple. There is no need for an extensive Background section.